HB1421 (2022) Detail

Relative to lead in school drinking water.


CHAPTER 325

HB 1421-FN - FINAL VERSION

 

16Feb2022... 0612h

04/14/2022   1365s

04/28/2022   1665s

04/28/2022   1839s

26May2022... 2034CofC

26May2022... 2128EBA

 

 

 

2022 SESSION

22-2714

08/05

 

HOUSE BILL 1421-FN

 

AN ACT relative to lead in school drinking water.

 

SPONSORS: Rep. Grassie, Straf. 11; Rep. Nelson, Carr. 5; Rep. Woods, Merr. 23; Rep. Meuse, Rock. 29; Rep. Langley, Hills. 8; Rep. Marsh, Carr. 8; Rep. Knirk, Carr. 3; Rep. Rung, Hills. 21; Sen. Watters, Dist 4

 

COMMITTEE: Education

 

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AMENDED ANALYSIS

 

This bill requires public and private schools and licensed child care facilities to install water bottle filling stations or test and remediate all water outlets at the facility.

 

This bill also makes an appropriation for certain drinking water grant programs administered by the department of environmental services.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16Feb2022... 0612h

04/14/2022   1365s

04/28/2022   1665s

04/28/2022   1839s

26May2022... 2034CofC

26May2022... 2128EBA 22-2714

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to lead in school drinking water.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

325:1  Lead in Drinking Water in Schools and Licensed Child Care Facilities.  RSA 485:17-a is repealed and reenacted to read as follows:

485:17-a  Lead in Drinking Water in Schools and Licensed Child Care Facilities.

I. Public and private schools and licensed child care facilities shall take measures to limit exposure to lead in drinking water by:

(a)  Within 180 days of the effective date of this section, installing and providing access to water bottle filling stations in accordance with paragraph II; or

(b)  Testing drinking water outlets for lead and remediating them where necessary under paragraph III.

II.(a)  "Water bottle filling station" or "station" means a water dispenser accessible to all people in compliance with the Americans with Disabilities Act, 42 U.S.C. section 12101 et seq.  A water bottle filling station shall:

(1)  Dispense clean drinking water directly into a bottle or other drinking container.

(2)  Include a water fountain dispenser that does not require the use of a container to drink water.

(3)  Be regularly cleaned to maintain sanitary conditions.  Water bottle filling stations may be touchless to maintain sanitary conditions.

(4)  Be designed to remove lead or be able to add an additional filter to remove lead from drinking water.

(5)  Be maintained to ensure proper functioning, including replacing filters as recommended by the manufacturers.

(6)  Include an indicator light or other mechanism that is activated when it is time to change a filter.

(7)  Dispense drinking water that meets applicable standards.  The station shall be tested following installation and within 180 days thereafter to confirm that any lead that may be present is being removed to levels below 5 parts per billion.

(b)  Any water bottle filling station installed prior to the effective date of this section that meets the requirements of subparagraphs II (a)(1)-(6), shall be tested within 180 days of the effective date of this section to confirm that any lead that may be present is being removed to levels below 5 parts per billion.

(c)  Water from other outlets available to children, including classroom and bathroom sinks and water outlets used for food preparation, shall be tested and remediated if necessary, per the provisions in paragraph III.  

(d)  Stations in schools shall be installed in accordance with rules of the department of education relative to the number of drinking fountains required.  There shall be at least one station on each floor or wing of the building and one station located near any cafeteria, gymnasium, or outdoor recreation space and any other high-traffic area.

(e)  Stations in child care facilities shall be provided in such a manner to ensure that every child and staff member have adequate access to drinking water.

(f)  Child care facilities serving less than 25 people where the current source of water is a sink may install point of use treatment that removes lead from drinking water in lieu of installing a water bottle filling station.  

(g)  Public and private schools and licensed child care facilities that install stations in accordance with this paragraph shall notify the department of environmental services using a form provided by the department that demonstrates compliance with the applicable requirements of this paragraph.

III.  Public and private schools and licensed child care facilities shall test a minimum of 3 rounds for the presence of lead in drinking water at all outlets at the school or facility.  

(a)  For existing public and private schools and licensed child care facilities, sampling shall be completed between January 1, 2016 and June 30, 2024; for new schools and child care facilities opening after the effective date of this section, sampling rounds shall be completed a minimum of 6 months apart.  For purposes of this section, "outlet" means a drinking water fixture currently or reasonably expected to be used for consumption or cooking.  Testing shall be in accordance with guidance from the department of environmental services.  Schools and licensed child care facilities that have not tested their outlets between January 1, 2016 and the effective date of this paragraph shall initiate testing within 30 days of the effective date of this paragraph.

(b)  If test results obtained by a school or licensed child care center after the effective date of this paragraph demonstrate the presence of lead at a concentration at or exceeding 5 parts per billion, the school or licensed child care facility shall, within 5 business days, notify parents and guardians and shall, as an interim measure, ensure that the children are provided only drinking water that meets the standard.  Notification shall be made in at least 2 places including, but not limited to, the school or school administrative unit/child care facility website and at least one method of direct communication via email or printed flyer.  The school or licensed child care facility shall also implement a remediation plan, as approved by the department, within 180 days of notification of parents or, in consultation with the department, as soon as practicable.  The department shall review the plan and any associated submittals within 60 days of receiving them.  The school or licensed child care facility shall conduct testing after remediation measures have been implemented and shall provide those results to the department of environmental services to demonstrate that lead levels do not exceed the standard.

(c)  Within 90 days of the effective date of this section, public and private schools and licensed child care facilities shall compare the results of testing conducted after January 1, 2016 with the new standard and, in the event any such results are at or exceed this standard, proceed with the requirements of subparagraph (b) relative to remediation and interim measures.  Any results for samples collected after January 1, 2022 shall be compared to the new standard and proceed with all requirements of requirements of subparagraph (b).

(d)  If 2 consecutive rounds of sampling performed after January 1, 2022 are below the 5 parts per billion standard at an outlet, further testing of the outlet shall not be required.

(e)  All test results, including but not limited to those obtained between January 1, 2016 and the effective date of this section, shall be provided to the department of environmental services, which shall maintain a database of results established under the authority of RSA 21-O:12, I(e) accessible to the public on the department's website.

IV.  To the extent it is allowable under federal regulations, remediation funding from federal sources shall be made available to public and private schools and child care facilities by the department of environmental services.

325:2  Funds for Revolving Funds.  The sum of $7,760,000 for the biennium ending June 30, 2023 is hereby appropriated to the department of environmental services for the purpose of providing state matching funds for supplemental Drinking Water State Revolving Fund and Clean Water State Revolving Fund funding authorized by the Infrastructure Investment and Jobs Act, Public Law 117-58.  The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated, and said appropriation shall not lapse.

325:3  Effective Date.  This act shall take effect upon its passage.

 

Approved: July 08, 2022

Effective Date: July 08, 2022

 

 

Links


Date Body Type
Jan. 21, 2022 House Hearing
Jan. 21, 2022 House Exec Session
House Floor Vote
March 15, 2022 Senate Hearing
April 14, 2022 Senate Floor Vote
April 28, 2022 Senate Floor Vote
May 26, 2022 Senate Floor Vote
May 26, 2022 Senate Floor Vote
May 26, 2022 House Floor Vote

Bill Text Revisions

HB1421 Revision: 36825 Date: July 13, 2022, 8:12 a.m.
HB1421 Revision: 36538 Date: June 23, 2022, 8:38 a.m.
HB1421 Revision: 36681 Date: June 21, 2022, 2:08 p.m.
HB1421 Revision: 36432 Date: May 17, 2022, 10:45 a.m.
HB1421 Revision: 36019 Date: May 13, 2022, 11:26 a.m.
HB1421 Revision: 35951 Date: April 28, 2022, 10:35 a.m.
HB1421 Revision: 35728 Date: April 20, 2022, 10:25 a.m.
HB1421 Revision: 35685 Date: April 14, 2022, 2:28 p.m.
HB1421 Revision: 35591 Date: April 7, 2022, 2:36 p.m.
HB1421 Revision: 34998 Date: Feb. 17, 2022, 1:56 p.m.
HB1421 Revision: 34879 Date: Feb. 10, 2022, 11:38 a.m.
HB1421 Revision: 34070 Date: Dec. 1, 2021, 1:53 p.m.

Docket


July 13, 2022: Signed by Governor Sununu 07/08/2022; Chapter 325; 07/08/2022 HJ 14


June 27, 2022: Enrolled (in recess of) 05/26/2022 HJ 14


June 24, 2022: Enrolled Adopted, VV, (In recess 05/26/2022); SJ 13


June 22, 2022: Enrolled Bill Amendment # 2022-2128e: AA VV (in recess of) 05/26/2022 HJ 14


June 22, 2022: Enrolled Bill Amendment # 2022-2128e Adopted, VV, (In recess of 05/26/2022); SJ 13


May 26, 2022: Conference Committee Report 2022-2034c: Adopted, VV 05/26/2022 HJ 14


May 26, 2022: Conference Committee Report # 2022-2034c, Adopted, VV; 05/26/2022; SJ 13


May 19, 2022: Conference Committee Report Filed, # 2022-2034c; 05/26/2022


May 17, 2022: Conference Committee Meeting: 05/17/2022 09:00 am LOB 205-207


May 12, 2022: President Appoints: Senators Ward, Hennessey, Rosenwald; 05/12/2022; SJ 12


May 12, 2022: Sen. Ward Accedes to House Request for Committee of Conference, MA, VV; 05/12/2022; SJ 12


May 10, 2022: House Non-Concurs with Senate Amendment 2022-1839s 2022-1665s 2022-1365s and Requests CofC (Reps. Ladd, Cordelli, B. Nelson, Ellison): MA VV 05/05/2022 HJ 12


April 28, 2022: Ought to Pass with Amendments 2022-1665s and 2022-1839s, MA, VV; OT3rdg; 04/28/2022; SJ 10


April 28, 2022: Sen. Rosenwald Floor Amendment # 2022-1839s, AA, VV; 04/28/2022; SJ 10


April 28, 2022: Committee Amendment # 2022-1665s, AA, VV; 04/28/2022; SJ 10


April 20, 2022: Committee Report: Ought to Pass with Amendment # 2022-1665s, 04/28/2022; SC 17


April 14, 2022: Ought to Pass with Amendment 2022-1365s, MA, VV; Refer to Finance Rule 4-5; 04/14/2022; SJ 8


April 14, 2022: Committee Amendment # 2022-1365s, AA, VV; 04/14/2022; SJ 8


April 7, 2022: Committee Report: Ought to Pass with Amendment # 2022-1365s, 04/14/2022; Vote 5-0; CC; SC 15


March 9, 2022: Hearing: 03/15/2022, Room 101, LOB, 09:45 am; SC 11


March 1, 2022: Introduced 02/24/2022 and Referred to Education; SJ 5


Feb. 23, 2022: Amendment # 2022-0612h: AA VV 02/16/2022 HJ 3


Feb. 16, 2022: Ought to Pass with Amendment 2022-0612h: MA VV 02/16/2022 HJ 3


Feb. 10, 2022: Committee Report: Ought to Pass with Amendment # 2022-0612h (Vote 18-0; CC)


Feb. 10, 2022: Executive Session: 01/21/2022 10:00 am LOB 205-207


Jan. 9, 2022: Public Hearing: 01/21/2022 10:00 am LOB 205-207


Dec. 1, 2021: Introduced 01/05/2022 and referred to Education